THE COURTS.

Press, Volume LVII, Issue 17317, 1 December 1921, Page 4

THE COURTS.

IN OTHER PLACES. A WELLINGTON DIVORCE CASE. (PBISS ASSOCIATION TEMGHAM.) •WELLINGTON, November 30. Judgment was given by the Acting-Chief Justice (Mr Justice Sim), m the Supreme Court to-day on a petition for dissolution . vt marriage filed by Marshal John Donnelly. HU Honour refused the petition. In his judgment he referred to the fact that, in \ugust, 191S, the respondent Hughena Jessie Donnelly, obtained a decree of judicial separation against the petitioner. It -was on the existence of this decree that the petitioner based hia claim in the present suit. Prima, facie the petitioner was entitled to have his marriage dissolved. The only question was whether the Court ehould refuse to grant him any relief. The ground on which the decree for judicial separation was granted was that the petitioner had committed adultery with a woman (Mies X.). The petitioner required constant care and attention, and these, he said. Miss X. bestowed on him. So devoted was she as nurse that the petitioner desired to give her the status of his wife. He denied, however, that he was living in adultery with her. The. nature of the disease from which Donnelly was suffering made that statement credible. The respondent, said his Honour, declared! that she still retained an affection for the petitioner, and said that she was willing to take him back and look after him if he would give up Miss X. The petitioner declined, however, to go back to his wife. It was contended, on behalf of the respondent, that the case was thusi brought within the very words of the Court of Appeal in Mbson "v. *«ason. "The case is thus resolved," saidi his Honour, "into a contest between the respondent and Miss X. as to which of them is to have the privilege of being petitioner's nurse, and of becoming his widow. The Court, in fty opinion, should not help a sinner to gain any advantage at the expense of a blameless wife, and should refuse to dissolve the existing marriage. The petition is accordingly dismissed, with costs to the respondent." , JUDGE ORDERS FLOGGING. A sturdily-built man, Thomas Gill, appeared in the Supremo Court at Wanganui on Saturday for sentence before Mr Justice Reed, having been convicted of a criminal assault on a married woman at Utiku,' while her husband was away. On accused's behalf, counsel remarked that the prisoner wanted it proclaimed in the Court and given the fullest publicity that he believed the woman to, be a good, and pure woman, and that he had received no encouragement from. her. Further, that he siad done her a great wrong, which he fervently wished to repair. Hi 3 Honour said the prisoner had been found guilty of a particularly atrocious crime. The story told *by the woman raised an uneasy suspicion in his Honour's mind, that she was not the first women that the prisoner had had' in this position. He hafi no right to take that suspicion into consideration,' nor did he do so. The sentence ho was about to imgose would act as a warning! that women were not to be molested. The prisoner was eentenced to seven years' imprwonment, and was.in addition, ordered to, be flogged with ten strokes of the oat-o'-nine-tails.